Khusbu Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5463 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Khusbu Kumari, daughter of Anrup Ram,

2. Sarita Devi, wife of Anrup Ram &

3. Anrup Ram, son of Late Ramvaran Ram All residents of village-Bhadwa Tola Chandapar, Police Station- Rafiganj, District-Aurangabad.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Uday Chand Prasad, Advocate For the Opposite Party : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Rafiganj P.S. Case No. 108 of 2016 for the offences instituted under Sections 341, 323, 325, 307, 506 and 34 of the Indian Penal Code.

As per prosecution case, the informant has stated that on 16.08.2016 at about 2 P.M. a quarrel was going on between two groups. The informant and his son intervened into the matter to pacify the quarrel whereupon petitioner Anrup Ram assaulted his son by rod on his head and petitioners Khusbu Kumari and Sarita Devi assaulted by bricks.

It has been submitted on behalf of the petitioners that it

Patna High Court Cr.Misc. No.5463 of 2017 (2) dt.06-02-2017 2/2 was the informant and his family members who assaulted the petitioners for which Rafiganj P.S. case no.106 of 2016 was lodged and after institution of said case, present case has been lodged as counter blast to the said case. It is also submitted that both the parties are resident of same village and in course of quarrel, both parties indulged in free fight and in the said offence, the petitioners also sustained injury and was admitted to hospital. The injuries caused were simple in nature.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Rafiganj P.S. Case No. 108 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) B.Kr./- U T